Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79004 of 2024 Arising Out of PS. Case No.-315 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== Aman Kumar, Son of Chandra Shekhar Ray @ Chandra Shekhar Rai, R/o Murli Tola, Samsipur, P.S.- Bacchwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.
3. The case of the prosecution is that the minor daughter of the informant was studying in Intermediate in Bihat College, Begusarai. On 20.12.2020 in the morning at 5 A.M., the daughter of the informant went outside from the house without informing anybody. The informant started searching his daughter and in course of search, he went to his sisters place at Barauni where he came to know that his daughter used to talk with one Raja Kumar while going to college and she was also being seen talking with Aman Kumar (petitioner) who is friend
Patna High Court CR. MISC. No.79004 of 2024(3) dt.24-03-2025 2/3 of Raja Kumar. It is alleged that the minor daughter of the informant has been kidnapped by Raja Kumar with the help of Aman Kumar for the purpose of marriage.
4. Learned counsel for the petitioner has submitted that in this case Section 366A is not attracted as from perusal of para-12 of the diary it transpires that the date of birth of the victim is 30.11.2000. Learned counsel further submits that the main thrust of allegation is against Raja Kumar who is said to have kidnapped the minor daughter of the informant. The role of this petitioner is only that of assisting. In this case though there is allegation that the victim was on talking terms with the petitioner and Raja Kumar as well but no CDR has been collected during course of investigation to sustantiate the factum of conversation between the victim and the petitioner. Learned counsel further submits that Raja Kumar, the main accused has been granted bail by the learned Co-ordinate Bench vide Cr. Misc. Case No.30493 of 2020. The petitioner is having no criminal antecedent. The petitioner is in custody since 30.08.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.79004 of 2024(3) dt.24-03-2025 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barahiya P.S. Case No. 315 of 2019 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.
(Ashok Kumar Pandey, J) durgesh/- U T